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CHAPTER 16 29. 2563

STATE BOARD FOR COMMUNITY COLLEGES AND COMMUNITY COLLEGE 2564

SYSTEM. 2565

Drafting note: Existing Chapter 16 is reorganized as proposed Chapter 29. The 2566

article structure of the existing chapter is removed and the provisions of existing Article 2, 2567

relating to the Community College Incentive Scholarship Program, are removed as 2568

obsolete. 2569

Article 1. 2570

General Provisions. 2571

Drafting note: The designation of Article 1 is removed because the article structure 2572

of existing Chapter 16 is not retained in proposed Chapter 29. 2573

§§ 23-192 through 23-213. 2574

Drafting note: Repealed by Acts 1966, c. 679. 2575

§ 23-214 23.1-2900. Definitions. 2576

As used in this chapter, unless the context requires a different meaning: 2577

(a) "Career and technical education" means the training or retraining under public 2578

supervision and control that is (i) given in school classes, including field or laboratory work 2579

incidental to such training or retraining, exclusive of those career and technical education 2580

programs provided and administered by or through the public school system and (ii) conducted 2581

as part of a program designed to fit individuals for gainful employment as semiskilled or skilled 2582

workers or technicians in recognized occupations. 2583

"Chancellor" means the Chancellor of Community Colleges. 2584

"Comprehensive community college" means an institution of higher education which 2585

offers instruction in one or more of the following fields: 2586

(1) Freshman and sophomore courses in arts and sciences acceptable for transfer in 2587

baccalaureate degree programs; 2588

(2) Diversified technical curricula including programs leading to the associate degree; 2589

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(3) Career and technical education leading directly to employment; 2590

(4) Courses in general and continuing education for adults in the above fields; 2591

(5) Noncredit training and retraining courses and programs of varying lengths to meet 2592

the needs of business and industry in the Commonwealth. 2593

(b) "State Board" or "Board" means the State Board for Community Colleges. 2594

(c) "Local community college board" means the board established to act in an advisory 2595

capacity to the State Board and to perform such duties with respect to the operation of a single 2596

comprehensive community college as may be delegated to it by the State Board. 2597

(d) "Career and technical education" means the training, or retraining, which is given in 2598

school classes (including field or laboratory work incidental thereto), under public supervision 2599

and control, exclusive of those career and technical education programs provided and 2600

administered by, or through, the public school system and is conducted as part of a program 2601

designed to fit individuals for gainful employment as semiskilled or skilled, workers or 2602

technicians in recognized occupations. 2603

(e) "Area career and technical school" means a career or technical school used 2604

exclusively, or principally, for providing career and technical education to persons who have 2605

completed, or left, high school, or are recommended for transfer by the school last attended, and 2606

who are available for full-time study in preparation for entering the labor market, or for part-2607

time study after entering the labor market. 2608

(f) "System" means the Virginia Community College System. 2609

Drafting note: Definitions are moved into alphabetical order and are no longer 2610

numbered, consistent with current Code style. A chapter-wide definition is added for 2611

"Chancellor." Definitions for "Board," "comprehensive community college," and 2612

"System" are stricken and incorporated into the proposed title-wide definitions section, § 2613

23.1-100. The term "area career and technical school" is no longer used in this proposed 2614

Chapter and as such, its definition is stricken. 2615

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Note to work group: please confirm that "area career and technical school" is an 2616

obsolete term. 2617

§ 23-214.1. Meaning of statutory references to Department of Community Colleges. 2618

Wherever the words "Virginia Community College System" are used in any law of this 2619

State, they shall mean the State Board for Community Colleges. 2620

Drafting note: Existing § 23-214.1 is recommended for repeal as obsolete. 2621

§ 23-215 23.1-2901. Responsibilities of State Board and System for Community 2622

Colleges established; purpose; Virginia Community College System. 2623

A. The State Board for Community Colleges heretofore established by law is continued. 2624

The Board shall be is established as a corporation under the style of "the State Board for 2625

Community Colleges." The State Board shall be responsible, through the exercise of the powers 2626

and performance of the duties set forth in this chapter, for the establishment, control, and 2627

administration of to establish, control, and administer a statewide system of publicly supported 2628

comprehensive community colleges, which shall be known as the Virginia Community College 2629

System. 2630

B. The Virginia Community College System shall be the state agency with primary 2631

responsibility for coordinating workforce training at the postsecondary to the associate degree 2632

level, exclusive of the career and technical education programs provided through and 2633

administered by the public school system. This responsibility shall not preclude other agencies 2634

from also providing such services as appropriate, but these activities shall be coordinated with 2635

the community colleges. 2636

C. In addition to other responsibilities of the Virginia Community College System, the 2637

community colleges shall (i) maximize noncredit course offerings made available to business 2638

and industry at a time and place that meet current and projected workforce needs and minimize 2639

the cost of noncredit offerings to business and industry to the extent feasible, (ii) deal directly 2640

with employers in designing and offering courses to meet real, current, and projected workforce 2641

training needs, and (iii) maximize the availability and use of distance learning courses 2642

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addressing workforce training needs. The Virginia Community College System shall report on 2643

actions taken to meet the requirements of this subsection in its annual report to the General 2644

Assembly on workforce development activities required by the appropriation act. 2645

Drafting note: The provisions of subsection B and the last sentence of subsection C 2646

of existing § 23-215 are relocated to proposed § 23.1-2904. Technical changes are made. 2647

§ 23-216 23.1-2902. Number, terms and eligibility of members of State Board; 2648

membership. 2649

(a) A. The State Board shall consist of fifteen 15 nonlegislative citizen members 2650

appointed by the Governor subject to confirmation by the General Assembly if in session, and if 2651

not, at its next succeeding session. The first appointments shall be four members for one year, 2652

four members for two years, four members for three years and three members for four years, 2653

and thereafter all such appointments shall be made for terms of four years each, except that 2654

appointments to fill vacancies shall be for the unexpired terms. No person shall be eligible to 2655

serve more than two consecutive four-year terms, except that a member may be appointed to a 2656

term of less than four years immediately prior to or between the four-year terms. No person 2657

shall be eligible for reappointment following two consecutive four-year terms for two years 2658

thereafter. Members shall continue to discharge their duties after their terms have expired until 2659

their successors have been appointed and have qualified. Members who serve two consecutive 2660

four-year terms shall be eligible for reappointment two years after the expiration of their second 2661

term. 2662

(b) The State Board shall be composed of persons selected from B. Each member shall 2663

be a resident of the Commonwealth at large. No officer, employee, or member of the governing 2664

board of any public institution of higher education, or of any school subject to the control of the 2665

State Board, or any member of the General Assembly, or any and no member of the State Board 2666

of Education, shall be eligible for appointment to the State Board. All members of the State 2667

Board shall be deemed members at large charged with the responsibility of serving the best 2668

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interests of the whole Commonwealth. No, and no member shall act as the representative of any 2669

particular region or of any particular institution of higher education. 2670

Drafting note: Language establishing staggered terms for State Board members is 2671

recommended for repeal as obsolete. Current language in subsection A that establishes 2672

terms and conditions of membership in and reappointment to a State Board is stricken 2673

and incorporated into proposed § 23.1-1300 relating to the terms and removal of members 2674

of the board of visitors of each public institution of higher education generally. The 2675

prohibition on membership by a member of the General Assembly is removed because the 2676

section is amended to classify all members as nonlegislative citizen members, which are 2677

defined for the Code in § 1-225 as "any natural person who is not a member of the 2678

General Assembly of Virginia." Technical changes are made. 2679

§ 23-217 23.1-2903. Chairman and vice-chairman of State Board; oath of members; 2680

officers, meetings; quorum; rules and, and regulations. 2681

A. The State Board shall select elect a chairman from its membership, and may provide 2682

for the election of one of its members as vice-chairman. 2683

B. Before entering upon the discharge of his duties, each member of the Board shall take 2684

an oath that he will faithfully and honestly execute the duties of his office during his 2685

continuance therein. 2686

C. The State Board shall meet at least four times annually, and on call of the chairman 2687

when in his opinion additional meetings are expedient or necessary. 2688

D.C. Eight members of the State Board shall constitute a quorum for all purposes. 2689

E.D. The main office of the State Board shall be in the Commonwealth. 2690

F.E. The State Board is empowered authorized to promulgate necessary rules and 2691

regulations for carrying out the purposes of this chapter. 2692

Drafting note: Technical changes are made, including use of "regulations" rather 2693

than "rules and regulations" per recommendation of the Code Commission. Subsection B 2694

of existing § 23-217 is removed as duplicative of § 49-1, which states that "[e]very person 2695

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before entering upon the discharge of any function as an officer of this Commonwealth 2696

shall take and subscribe the following oath: 'I do solemnly swear (or affirm) that . . . I will 2697

faithfully and impartially discharge all the duties incumbent upon me . . . .'" 2698

§ 23-218 23.1-2904. Plan for comprehensive community colleges; appropriations; tuition 2699

fees and charges; grants or contributions; apprenticeships State Board; duties. 2700

A. The In addition to the duties set forth in § 23.1303, the State Board is authorized and 2701

directed to prepare shall: 2702

1. Be the state agency with primary responsibility for coordinating workforce training at 2703

the postsecondary through the associate degree level, exclusive of the career and technical 2704

education programs provided through and administered by the public school system. This 2705

responsibility shall not preclude other agencies from also providing such services as appropriate, 2706

but these activities shall be coordinated with the comprehensive community colleges; 2707

2. Report on actions that comprehensive community colleges have taken to meet the 2708

requirements of § 23.1-2906 in its annual report to the General Assembly on workforce 2709

development activities required by the appropriation act; 2710

3. Prepare and administer a plan providing standards and policies for the establishment, 2711

development, and administration of comprehensive community colleges under its authority. It 2712

shall determine the need for comprehensive community colleges, and develop a statewide plan 2713

for their location and a time schedule for their establishment. In the development of such plan, a 2714

principal objective shall be to provide and maintain a system of comprehensive community 2715

colleges through which appropriate educational opportunities and programs to accomplish the 2716

purposes set forth in subdivision (a) of § 23-214 shall be made available throughout the 2717

Commonwealth, as that term is defined in § 23.1-2900 to make appropriate educational 2718

opportunities and programs available throughout the Commonwealth. In providing these 2719

offerings, the State Board shall recognize the need for excellence in all curricula and shall 2720

endeavor to establish and maintain standards appropriate to the various purposes the respective 2721

programs are designed to serve. 2722

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B. The Board shall have the authority to control and expend funds appropriated by law, 2723

and to fix tuition fees and charges. The Board may establish policies and guidelines providing 2724

for reduced tuition rates at Virginia's community colleges for employees of the Virginia 2725

Community College System. The Board may exercise the powers conferred by Chapter 3 (§ 23-2726

14 et seq.) as any other educational institution as defined in § 23-14. 2727

C. The Board shall be authorized, with the approval of the Governor, to accept from any 2728

government or governmental department or agency or any public or private body or from any 2729

other source, grants or contributions of money or property which the Board may use for or in aid 2730

of any of its purposes. 2731

§ 23-220. Local community college boards. 2732

The State Board shall establish 4. Establish policies providing for the creation of a local 2733

community college board for each institution comprehensive community college established 2734

under this chapter and the procedures and regulations under which such local boards shall 2735

operate. A local community college board as defined in § 23-214 shall be established for each 2736

college. These boards shall assist in ascertaining educational needs, and enlisting community 2737

involvement and support, and shall perform such other duties as may be prescribed by the State 2738

Board; 2739

5. Adhere to the policies of the Council for the coordination of higher education as 2740

required by law; and 2741

§ 23-219.1. Mental health policies. 2742

The Board shall develop 7. Develop a mental health referral policy directing 2743

comprehensive community colleges to designate at least one individual at each college to serve 2744

as a point of contact with an emergency services system clinician at a local community services 2745

board, or another qualified mental health services provider, for the purposes of facilitating 2746

screening and referral of students who may have emergency or urgent mental health needs and 2747

of assisting the college in carrying out the duties specified by §§ 23-9.2:8 23.1-802 and 23-2748

9.2:10 23.1-805. A Each comprehensive community college may establish relationships with 2749

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community services boards or other mental health providers for referral and treatment of 2750

persons with less serious mental health needs. 2751

Drafting note: Existing § 23-218 is logically reorganized as follows: Provisions in 2752

existing subsections B and C relating to State Board powers are stricken and incorporated 2753

into proposed § 23.1-2905. Provisions relating exclusively to State Board duties are 2754

retained as proposed § 23.1-2904, into which is incorporated the provisions of subsection B 2755

of existing § 23-215 as proposed subdivision 1; the last sentence of subsection C of existing 2756

§ 23-215 as proposed subdivision 2; the provisions of existing § 23-220 as proposed 2757

subdivision 4; the provisions of the first paragraph of existing § 23-221 as subdivision 5; 2758

and the provisions of existing § 23-219.1 as proposed subdivision 6. Technical changes are 2759

made. 2760

§ 23.1-2905. State Board powers. 2761

In addition to the powers set forth in subsection B of § 23.1-1301, State Board may: 2762

1. With the approval of the Governor, accept from any government or governmental 2763

department or agency or any public or private body or from any other source grants or 2764

contributions of money or property that the State Board may use for or in aid of any of its 2765

purposes; 2766

2. Control and expend funds appropriated by law; 2767

3. Fix tuition, fees, and other necessary charges; 2768

4. Establish policies and guidelines providing for reduced tuition rates at comprehensive 2769

community colleges for employees of the System; and 2770

§ 23-219. Diplomas, certificates and associate degrees. 2771

The Board shall have the right to confer 5. Confer diplomas, certificates, and associate 2772

degrees. 2773

Drafting note: Proposed § 23.1-2905 is created to consolidate provisions relating 2774

exclusively to State Board powers. Subdivisions 1 through 4 are derived from subsections 2775

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B and C of existing § 23-218, and existing § 23-219 is incorporated as subdivision 5. 2776

Technical changes are made. 2777

§ 23.1-2906. Comprehensive community colleges; duties; workforce. 2778

Each comprehensive community college shall: 2779

1. Maximize noncredit course offerings made available to business and industry at a time 2780

and place that meet current and projected workforce needs and minimize the cost of noncredit 2781

offerings to business and industry to the extent feasible; 2782

2. Deal directly with employers in designing and offering courses to meet real, current, 2783

and projected workforce training needs; and 2784

3. Maximize the availability and use of distance learning courses addressing workforce 2785

training needs. 2786

Drafting note: The provisions of all but the last sentence of subsection C of existing 2787

§ 23-215 are logically reorganized as proposed § 23.1-2906. Technical changes are made. 2788

§ 23-220.1. Expired. 2789

Drafting note: Expired pursuant to Chapter 875 of the Acts of Assembly of 1996. 2790

Article 2. 2791

Community College Incentive Scholarship Program. 2792

Drafting note: The provisions of existing Article 2 are recommended for repeal as 2793

obsolete. 2794

§ 23-220.2. Incentive scholarships program; Board to administer; promulgation of 2795

regulations. 2796

There is hereby created the Community College Incentive Scholarship Program to 2797

provide incentive scholarships to eligible students attending comprehensive community colleges 2798

in Virginia. Funds may be paid to any comprehensive community college on behalf of students 2799

who have been awarded such scholarships pursuant to § 23-220.4. 2800

Drafting note: The provisions of existing § 23-220.2 are recommended for repeal as 2801

obsolete. 2802

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§ 23-220.3. Community College Incentive Scholarship Fund created. 2803

A. From such funds as are appropriated for this purpose and from such gifts, donations, 2804

grants, bequests, and other funds as may be received on its behalf, there is hereby created in the 2805

state treasury a special nonreverting fund to be known as the Community College Incentive 2806

Scholarship Fund, hereafter referred to as "the Fund." The Fund shall be established on the 2807

books of the Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and 2808

be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of 2809

each fiscal year shall not revert to the general fund but shall remain in the Fund. Funds may be 2810

paid to any comprehensive community college on behalf of students who have been awarded 2811

scholarships pursuant to § 23-220.4. The first such scholarships shall be awarded after July 1, 2812

1998. 2813

Expenditures and disbursements from the Fund shall be made by the State Treasurer on 2814

warrants issued by the Comptroller upon written request signed by the State Board for 2815

Community Colleges. 2816

B. The Board shall promulgate regulations for the implementation of the provisions of 2817

this article and shall award scholarships to eligible students meeting the criteria established 2818

pursuant to § 23-220.4. 2819


obsolete. 2821

§ 23-220.4. Eligible students; criteria for award of scholarships. 2822

A. Only students who (i) are domiciled residents of Virginia as defined by § 23-7.4, (ii) 2823

are enrolled as second-year students on a full-time basis in a designated technical training 2824

program at a comprehensive community college in Virginia, and (iii) have a cumulative grade 2825

point average of at least 3.0 on a scale of 4.0 or its equivalent upon the completion of one year 2826

as a full-time student at a comprehensive community college in Virginia shall be eligible to 2827

receive such scholarships. 2828

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B. The Board, in consultation with the Virginia Economic Development Partnership, 2829

shall designate those technical training programs for which scholarships may be awarded. The 2830

selected programs shall reflect current and projected workforce training needs in the 2831

Commonwealth. 2832

C. Scholarships awarded pursuant to this article shall provide for the payment in full of 2833

tuition and fees for enrollment for one year as a full-time, second-year student. 2834


obsolete. 2836

Article 2.1. 2837

Award of Academic Credit for Military Training Applicable to the Student's Certificate of 2838

Degree Requirements. 2839

Drafting note: The designation of Article 2.1 is removed because the article 2840

structure of existing Chapter 16 is not retained in proposed Chapter 29. 2841

§ 23-220.5 23.1-2907. Policy for the award of academic credit for military training. 2842

A. The State Board shall adopt a policy for the award of academic credit to any student 2843

enrolled in a comprehensive community college who has successfully completed a military 2844

training course or program as part of his military service that is applicable to the student's 2845

certificate of degree requirements and is: 2846

1. Recommended for academic credit by a national higher education association that 2847

provides academic credit recommendations for military training courses or programs; 2848

2. Noted on the student's military transcript issued by any of the armed forces of the 2849

United States; or 2850

3. Otherwise documented in writing by any of the armed forces of the United States. 2851

B. The State Board shall: 2852

1. Develop a procedure for each comprehensive community college to receive the 2853

documentation necessary to identify and verify the military training course or program for 2854

which the student has applied for academic credit; and 2855

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2. Develop, maintain, and disseminate to each comprehensive community college a list 2856

of military training courses and programs that it has deemed qualified for the award of academic 2857

credit. 2858

C. Each comprehensive community college shall provide a copy of the State Board's 2859

policy for the award of academic credit for military training courses or programs to each student 2860

applicant. 2861

Drafting note: No change. 2862

Article 3. 2863

Administration Generally. 2864

Drafting note: The designation of Article 3 is removed because the article structure 2865

of existing Chapter 16 is not retained in proposed Chapter 29. 2866

§ 23-221.1. 2867

Drafting note: Repealed by Chapter 728 of the Acts of Assembly of 1980. 2868

§ 23-222. Transfer of facilities, assets and programs. 2869

(a) Effective July 1, 1967, all physical facilities, assets and programs of instruction in the 2870

fields specified in subdivision (a) of § 23-214 of the following institutions shall be transferred to 2871

and placed under the control and administration of the State Board for Community Colleges. 2872

Eastern Shore Branch of the School of General Studies of the University of Virginia, 2873

Lynchburg Branch of the School of General Studies of the University of Virginia, 2874

Patrick Henry College of the University of Virginia, 2875

Clifton Forge-Covington Branch of the Virginia Polytechnic Institute and State 2876

University, 2877

Roanoke Technical Institute of the Virginia Polytechnic Institute and State University, 2878

Roanoke Center of the School of General Studies of the University of Virginia, and 2879

Wytheville Branch of the Virginia Polytechnic Institute and State University. 2880

Provided, however, that no such transfer shall take place with respect to any individual 2881

institution specified in the next preceding paragraph until (1) the Advisory Committee on 2882

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Community Colleges certifies to the State Board and the Governor that such individual 2883

institution has demonstrated the requirements necessary for accreditation by the Southern 2884

Association of Colleges and Schools and (2) the Governor signifies in writing his approval of 2885

such transfer. If such certification by the Advisory Committee is not made with respect to any 2886

individual institution prior to July 1, 1967, then certification shall only be made between July 2887

one and August one of any succeeding year, and such transfer shall take place, if the Governor 2888

signifies in writing his approval of such transfer, on July one next following the date on which 2889

such certification is made. 2890

The college or university of which any individual institution is a part shall cooperate in 2891

obtaining certification for such institution. As soon as practicable, the State Board shall request 2892

individual accreditation of the institutions specified in this section by the Southern Association 2893

of Colleges and Schools. 2894

Notwithstanding any provision of this subsection or any other provision of this chapter, 2895

it is further provided that by agreement between the State Board and the governing body of the 2896

college or university of which any such individual institution is a part, and with the approval of 2897

the Governor, such transfer may take place prior to July 1, 1967, or any date subsequent thereto. 2898

(b) Effective July 1, 1966, the physical facilities, assets and programs of existing 2899

technical colleges and all assets of the existing State Board and Department of Technical 2900

Education shall be transferred to and placed under the control and administration of the State 2901

Board for Community Colleges. 2902

(c) Effective July 1, 1966, all educational programs for post-high school age youth and 2903

adults in existing area career and technical schools under the State Board of Education shall be 2904

transferred to and placed under the control and government of the State Board for Community 2905

Colleges. 2906

(d) All the real estate and personal property now existing and heretofore [before July 1, 2907

1966] standing in the name of institutions or boards included in subsections (a) and (b) of this 2908

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section shall, on the dates set forth in such subsections, be transferred to and taken as standing in 2909

the name of the State Board for Community Colleges. 2910

(e) In effecting the transfers specified in this section, the State Board for Community 2911

Colleges shall respect any existing financial investment of local communities in these 2912

institutions by establishing policies which will insure an equitable method of financing future 2913

developments. 2914

Drafting note: The provisions of existing § 23-222 are recommended for repeal as 2915

obsolete. 2916

§ 23-223 23.1-2908. Chancellor of Community Colleges generally. 2917

(a) A. The State Board shall appoint a Chancellor of Community Colleges, hereinafter 2918

sometimes called the Chancellor, shall be appointed by the State Board for Community 2919

Colleges. Any vacancy shall be filled by the Board. The Chancellor shall to be the chief 2920

executive officer of the System. The Chancellor shall, without additional compensation, serve as 2921

and secretary to the State Board for Community Colleges, fix his salary, and prescribe his duties 2922

in addition to those duties set forth in subsection C. 2923

(b) The salary of the Chancellor shall be fixed by the Board. 2924

(c) B. Before entering upon the discharge of the duties of his office, the Chancellor shall 2925

qualify by taking and subscribing the oath required of all officers of the Commonwealth 2926

pursuant to § 49-1. 2927

§ 23-224. Duties of Chancellor generally. 2928

A.C. The Chancellor of Community Colleges shall formulate: 2929

1. Formulate such rules policies and regulations and provide for such assistance in his 2930

office as shall be necessary for the proper performance of the duties prescribed by the provisions 2931

of this chapter.; 2932

B. The State Board shall prescribe the duties of the Chancellor, in addition to those 2933

duties otherwise prescribed for him by law, and, in its discretion, approve the appointment by 2934

the Chancellor of such agents and employees as may be needed by the Chancellor in the 2935

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exercise of the functions, duties and powers conferred and imposed by law and in order to effect 2936

a proper organization to carry out his duties. 2937

C. The Chancellor shall designate 2. Designate an employee of the State Board to serve 2938

as its liaison to the Board of Education.; 2939

§ 23-225. Agents and employees generally. 2940

The functions, duties, powers and titles of the agents and employees provided for in § 2941

23-224, their salaries and remunerations, not in excess provided therefor by law, shall be fixed 2942

by the Chancellor with the approval of the State Board and subject to 2943

3. Appoint agents and employees and fix their functions, powers, duties, titles, and 2944

salaries, subject to the approval of the State Board and the provisions of Chapter 29 the Virginia 2945

Personnel Act (§ 2.2-2900 et seq.) of Title 2.2.; 2946

§ 23-227. Annual report. 2947

The Chancellor shall submit 4. Submit an annual report to the Governor and General 2948

Assembly on or before November 1 of each year. Such report shall contain, at a minimum, the 2949

annual financial statements for the year ending the preceding June 30 and the accounts and 2950

status of any ongoing capital projects.; 2951

§ 23-228. Forms. 2952

The Chancellor shall prescribe 5. Prescribe the forms of applications, reports, affidavits, 2953

and such other forms as shall may be required in the administration of the this chapter.; 2954

§ 23-229. Cooperation with federal agencies; federal grants-in-aid generally. 2955

(a) Subject to the direction of the Board, the Chancellor shall cooperate 6. Cooperate 2956

with agencies of the United States in relation to matters set forth in this chapter, and in any 2957

reasonable manner that may be necessary for the Commonwealth to qualify for and to receive 2958

grants or aid from such federal agencies, subject to the direction of the State Board. 2959

(b) Nothing in this chapter shall preclude any other agency, board or officer of the 2960

Commonwealth from being designated as the directing or allocating agency, board or officer for 2961

the distribution of federal grants-in-aid or the performance of other duties to the extent 2962

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necessary to qualify for and to receive grants-in-aid for programs and institutions under the 2963

administration of the State Board for Community Colleges.; and 2964

§ 23-231. Enforcement of standards for personnel. 2965

The Chancellor shall enforce 7. Enforce the standards established by the State Board for 2966

personnel employed in the administration of this chapter and remove or cause to be removed 2967

each employee who does not meet such standards. 2968

§ 23-230. Chancellor authorized to receive grants-in-aid and gifts; payment of funds into 2969

state treasury. 2970

D. The Chancellor is authorized to receive, for and on behalf of the Commonwealth and 2971

its subdivisions, from the United States and agencies thereof, and from of the United States and 2972

any and all other sources, source grants-in-aid and gifts, made for the purpose of providing, or to 2973

assist assisting in providing, any career and technical, or other, education or educational 2974

programs authorized by this chapter, including expenses of administration. All such funds shall 2975

be paid into the state treasury. However, nothing in this chapter shall preclude any other agency, 2976

board, or officer of the Commonwealth from being designated as the directing or allocating 2977

agency, board, or officer for the distribution of federal grants-in-aid or the performance of other 2978

duties to the extent necessary to qualify for and to receive grants-in-aid for programs and 2979

institutions under the administration of the State Board. 2980

Drafting note: Existing § 23-223, relating to the Chancellor of Community Colleges 2981

generally, is expanded as proposed § 23.1-2908 to incorporate the Chancellor's powers and 2982

duties from multiple existing sections as follows: 2983

1. Subsection A of existing § 23-224 is relocated as proposed subdivision C 1; 2984

2. Subsection C of existing § 23-224 is relocated as proposed subdivision C 2; 2985

3. Subsection B of existing § 23-224 and existing § 23-225 are combined to create 2986

proposed subdivision C 3; 2987

4. Existing § 23-227 is relocated as proposed subdivision C 4; 2988

4. Existing § 23-228 is relocated as proposed subdivision C 5; 2989

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5. Subsection (a) of existing § 23-229 is relocated as proposed subdivision C 6, and 2990

subsection (b) of existing § 23-229 is relocated as the second sentence of proposed 2991

subsection D; 2992

6. Existing § 23-231 is relocated as proposed subdivision C 7; and 2993

7. Existing § 23-230 is relocated as proposed subsection D, the second sentence of 2994

which is derived from subsection (b) of existing § 23-229. 2995

§ 23-226 23.1-2909. Bonds of agents and System employees. 2996

Proper bonds shall be required of all agents and employees who shall handle any funds 2997

which that may come into the custody of the System. The premiums on the bonds shall be paid 2998

from funds appropriated by the Commonwealth for the administration of the provisions of this 2999

chapter. 3000

Drafting note: Technical changes. 3001

§ 23-221 23.1-2910. Adherence to policies of State Council of Higher Education; 3002

extension Extension programs; similar courses of study. 3003

The State Board shall adhere to the policies of the State Council of Higher Education for 3004

the coordination of higher education as required by law. 3005

In any area served by a comprehensive community college, no public institution of 3006

higher learning which education that conducts extension programs shall, after July 1, 1966, offer 3007

courses of study similar to those offered by a comprehensive community college, except as 3008

authorized by the State Council of Higher Education. Whenever practicable, the State Board 3009

shall provide facilities to such public institutions of higher learning education for conducting 3010

extension programs not in conflict with the provisions of this chapter. 3011

Drafting note: The first paragraph of existing § 23-221 is relocated as subdivision 5 3012

of proposed § 23.1-2904. Technical changes are made. 3013

§ 23-231.1 23.1-2911. Community College Week. 3014

The General Assembly finds that the community colleges in Virginia provide the general 3015

public with quality educational services which contribute to maintaining a knowledgeable and 3016

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skilled citizenry. In recognition of these services, the fourth week in January of every year 3017

beginning in 1986 shall be declared "Community College Week." The and the State Board for 3018

Community Colleges may approve such activities in observance of this week as it deems 3019

appropriate. 3020

Drafting note: The statement of legislative finding by the General Assembly is 3021

stricken per the Code Commission policy regarding such statements. Technical changes 3022

are made. 3023

§ 23-220.01 23.1-2912. Apprenticeship program for employees of ship manufacturing 3024

and ship repair companies; fund Shipyard workers; applied sciences and apprenticeship 3025

programs; Virginia Vocational Incentive Scholarship Program for Shipyard Workers; Fund. 3026

A. For purposes of this section: 3027

"Applied sciences program" means a three-year program of educational instruction at the 3028

college that incorporates instruction in industrial applied sciences and leads to the conferral of 3029

an Associate in Applied Science degree on any person who successfully completes such 3030

program. 3031

"Apprenticeship program" means a three-year program at the college combining 3032

educational instruction and on-the-job training that is established for the purpose of enhancing 3033

the education and skills of shipyard workers. 3034

"College" means the Tidewater Community College. 3035

"Industrial applied sciences" may include applied sciences such as welding, burning, 3036

blasting, and other applied sciences. 3037

"Shipyard worker" means any employee employed full time on a salaried or wage basis, 3038

whose tenure is not restricted as to temporary or provisional appointment, at a ship 3039

manufacturing or ship repair company located in the Commonwealth. 3040

B. The Virginia Vocational Incentive Scholarship Program for Shipyard Workers is 3041

established. 3042

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C. From such funds as are appropriated for this purpose and from such gifts, donations, 3043


state treasury a special nonreverting fund to be known as the Virginia Vocational Incentive 3045

Scholarship Program for Shipyard Workers Fund, referred to in this section as "the Fund." The 3046

Fund shall be established on the books of the Comptroller. Interest earned on moneys in the 3047

Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, 3048

including interest thereon, at the end of each fiscal year shall not revert to the general fund but 3049

shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of (i) 3050

awarding scholarships to shipyard workers enrolled at the college in the applied sciences 3051

program or the apprenticeship program or (ii) the administration and implementation of the 3052

applied sciences program or the apprenticeship program or both. Expenditures and 3053

disbursements from the Fund shall be made by the State Treasurer on warrants issued by the 3054

Comptroller upon written request signed by the president of Tidewater Community College. 3055

D. Subject to the State Council of Higher Education for Virginia's Council's authority to 3056

approve or disapprove all new academic programs as provided in subdivision 5 of § 23-9.6:1 3057

23.1-203, the college may offer a three-year program of educational instruction that incorporates 3058

instruction in industrial applied sciences. An Associate in Applied Science Degree shall be 3059

conferred on any person successfully completing such academic program. The college may an 3060

applied sciences program and coordinate such academic program with an apprenticeship 3061

program offered to shipyard workers by their employers. 3062

C. E. Beginning in the calendar year that the Council approves such academic an applied 3063

sciences program and for calendar years thereafter, shipyard workers who are (i) domiciled 3064

residents of Virginia as described in § 23-7.4 and (ii) in-state students enrolled as full- full-time 3065

or part-time students in such academic the applied sciences program, shall be eligible for 3066

scholarships for such program. Renewal of the scholarships of such shipyard workers shall be 3067

contingent upon maintaining (a) enrollment in such academic the applied sciences program, (b) 3068

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a cumulative grade point average of at least 3.0 on a scale of 4.0 or its equivalent at the 3069

completion of each academic year, and (c) full-time employment as a shipyard worker. 3070

F. The college shall award scholarships to eligible students in the applied sciences 3071

program or the apprenticeship program for no more than three academic years. Scholarship 3072

amounts shall not exceed full tuition and required fees relating to such academic program or the 3073

apprenticeship program. 3074

D. G. Before any scholarship is awarded in accordance with the provisions of this 3075

section, the scholarship recipient shall sign a promissory note under which he agrees (i) to 3076

continue full-time employment as a shipyard worker until his graduation and (ii) upon 3077

graduation, to work continuously as a shipyard worker for the same number of years that he was 3078

the beneficiary of such the scholarship. The college shall recover the total amount of funds 3079

awarded as a scholarship, or the appropriate portion thereof, including any accrued interest, if 3080

the scholarship recipient fails to honor such requirements. 3081

E. There is hereby created the Virginia Vocational Incentive Scholarship Program for 3082

Shipyard Workers to provide scholarships to shipyard workers enrolled at the college either in 3083

such academic program or in the apprenticeship program. 3084

F. From such funds as are appropriated for this purpose and from such gifts, donations, 3085


state treasury a special nonreverting fund to be known as the Virginia Vocational Incentive 3087

Scholarship Program for Shipyard Workers Fund, referred to in this section as "the Fund." The 3088

Fund shall be established on the books of the Comptroller. Interest earned on moneys in the 3089

Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, 3090

including interest thereon, at the end of each fiscal year shall not revert to the general fund but 3091

shall remain in the Fund. Funds may be paid to the college on behalf of shipyard workers who 3092

have been awarded scholarships pursuant to subsection C and shipyard workers in the 3093

apprenticeship program. Funds may also be used for the administration and implementation of 3094

such academic program and/or the apprenticeship program. 3095

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Expenditures and disbursements from the Fund shall be made by the State Treasurer on 3096

warrants issued by the Comptroller upon written request signed by the President of Tidewater 3097

Community College. 3098

G. H. The Council shall promulgate regulations for the implementation of the provisions 3099

of this section and the college shall award scholarships to eligible students for no more than 3100

three academic years. Scholarship amounts shall not exceed full tuition and required fees 3101

relating to such academic program or the apprenticeship program. 3102

Drafting note: A definition of "applied sciences program" has been created and the 3103

term has been used in several places in proposed § 23.1-2912 in lieu of "such academic 3104

program" and similar phrases used in existing § 23-220.01. Subsections E and F of existing 3105

§ 23-220.01 are logically reordered as subsections B and C of proposed § 23.1-2912. The 3106

language in existing subsection C is updated to conform more closely to language currently 3107

used to designate other special funds in the Code. 3108

§ 23-231.1:1 23.1-2913. Machinery and Equipment Donation Grant Program and Fund 3109

established. 3110

A. As used in this section, unless the context requires a different meaning: 3111

"Chancellor" means the Chancellor of the System. 3112

"Machinery and equipment" means engines, machines, motors, mechanical devices, 3113

laboratory trainers, computers, printers, tools, parts, and similar machinery and equipment as set 3114

forth in guidelines developed by the System. "Machinery and equipment" includes specialized 3115

software required for the operation of machinery and equipment qualified for a grant pursuant to 3116

this section. 3117

"Vocational school" means any entity that offers career or technical education 3118

administered by the Department of Education pursuant to § 22.1-227. "Vocational school" does 3119

not include instructional programs that are intended solely for recreation, enjoyment, or personal 3120

interest, or as a hobby, or courses or programs of instruction that prepare individuals to teach 3121

such pursuits. 3122

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B. From such funds as may be appropriated by the General Assembly and any gifts, 3123

grants, or donations from public or private sources, there is hereby created in the state treasury a 3124

special nonreverting fund to be known as the Machinery and Equipment Donation Grant Fund, 3125

hereafter referred to as "the Fund." The Fund shall be established on the books of the 3126

Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and be credited to 3127

it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year 3128

shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be 3129

used solely for the purposes of awarding grants through the Machinery and Equipment Donation 3130

Grant Program for qualified donations of machinery and equipment to comprehensive 3131

community colleges and vocational schools. Expenditures and disbursements from the Fund 3132

shall be made by the State Treasurer on warrants issued by the Comptroller upon written request 3133

signed by the Chancellor. 3134

C. 1. A business that donates new machinery and equipment in good working condition, 3135

purchased within the 12 months prior to the donation, to a comprehensive community college or 3136

vocational school shall be eligible to apply to the System for a grant from the Fund. Such grant 3137

shall be in an amount equal to 20 percent of the purchase price of the machinery or equipment, 3138

not to exceed an aggregate grant of $5,000 for all such donations during a calendar year. 3139

2. In order to be eligible for a grant, the application shall include a written certification 3140

made by the donee comprehensive community college or vocational school that identifies the 3141

donee comprehensive community college or vocational school, the business donating the 3142

machinery or equipment, the date of the donation, and the number of units of each item of 3143

machinery and equipment donated. The certification shall also include a statement by the donee 3144

comprehensive community college or vocational school that the machinery and equipment was 3145

needed and can be utilized by the comprehensive community college or vocational school for 3146

teaching or training students, and that such machinery and equipment will be principally used in 3147

Virginia the Commonwealth in teaching or training students. 3148

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3. Grants shall be issued in the order that each completed application is received. In the 3149

event that the amount of eligible grants requested in a fiscal year exceeds the funds available in 3150

the Fund, such grants shall be paid in the next fiscal year in which funds are available. 3151

4. In consultation with the Department of Education and the State Council of Higher 3152

Education for Virginia, the System shall maintain and update as necessary on its website a list of 3153

vocational schools to which donations of machinery and equipment may qualify for a grant 3154

under this section. The System, in consultation with the State Council of Higher Education for 3155

Virginia, shall also develop guidelines setting forth the general requirements for qualifying for 3156

and applying for a grant under this section, including a description of the types of machinery 3157

and tools eligible for a grant pursuant to this section. Such guidelines shall be exempt from the 3158

Administrative Process Act (§ 2.2-4000 et seq.). 3159

Drafting note: Technical changes are made, including relocating the definition of 3160

"Chancellor" to the proposed chapter-wide definitions section, § 23.1-2900, and 3161

abbreviating references to the State Council of Higher Education for Virginia, the 3162

definition of which appears in the proposed title-wide definitions section, § 23.1-100. 3163

# 3164

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